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Section 75

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I’ve partly paid for some unsatisfactory building work on my credit card - Total invoice is above the £30,000 but have not paid that much as was paying in stages before we stopped the work. Have given builder chance to rectify but they have not been back on site. Credit card refusing to help with section 75 as Total invoice was over £30,000  - Is this correct?

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  • I’ve partly paid for some unsatisfactory building work on my credit card - Total invoice is above the £30,000 but have not paid that much as was paying in stages before we stopped the work. Have given builder chance to rectify but they have not been back on site. Credit card refusing to help with section 75 as Total invoice was over £30,000  - Is this correct?

    Afraid so, has to be less then £30,000 for a s75 claim.
  • eskbanker
    eskbanker Posts: 36,934 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes, the upper limit for s75 is indeed £30,000, although technically this applies at item level, rather than total invoice value.  Having said that, if it's evidently a cohesive project priced above that level then you're unlikely to be able to get the card company to accept any liability....
  • Not sure if it makes a difference that invoice is broken down into Kitchen units/appliances/building work each item less than £30,000 - I can only hope
  • eskbanker
    eskbanker Posts: 36,934 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    What's your desired outcome here, i.e. if you're asserting breach of contract then which remedies are likely to be appropriate?
  • Ideally I’d like my money back and start again - thought I’d done everything right - took a recommendation - went to see work - paid partly on credit card
  • eskbanker
    eskbanker Posts: 36,934 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Ideally I’d like my money back and start again - thought I’d done everything right - took a recommendation - went to see work - paid partly on credit card
    Isn't there any value in what's already been done?  In other words, is ripping everything out/down and starting again going to be more cost-effective than getting someone in to finish the work properly?
  • Ideally I’d like my money back and start again - thought I’d done everything right - took a recommendation - went to see work - paid partly on credit card
    What's the actual issue though?
  • Walls are part built - but not straight or level, cavity not cut in, wall ties missing, debris in cavity causing contact between outer & inner walls. Building inspector not accepting what has been done.
  • DullGreyGuy
    DullGreyGuy Posts: 18,273 Forumite
    10,000 Posts Second Anniversary Name Dropper
    S75 is exceptionally dependent on how things are presented in the contract/invoice as the law is in relation to an "item" value.  Buy 2 shirts at £99 each and you have no cover, but a double pack of shirts for £198 and you are covered. Similarly a kitchen unit for £400 is covered but a kitchen carcass for £250, £99 for door, £45 for draw front and £6 for handles only the carcass is covered.

    Its unfortunately another way that S75 just doesnt make sense any more.
  • Ideally I’d like my money back and start again - thought I’d done everything right - took a recommendation - went to see work - paid partly on credit card
    You may ideally like that but in any legal dispute you have a duty to take reasonable steps to minimise losses. So, if there is a cheaper way of arriving at a satisfactory outcome that "ripping it all out and starting again" it is very unlikely that a court would award damages to cover doing so.
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